§ 8-1-26-20 — Duties of excavator; facilities in or under pavement; use of mechanized equipment; civil penalties

(a) In addition to the notice required in
section 16 of this chapter, a person responsible for an excavation or
demolition operation under section 14 of this chapter shall do all of the
following:
(1) Plan the excavation or demolition to avoid damage to or
minimize interference with underground facilities in and near the
construction area.
(2) Maintain a clearance between an underground facility, as
marked by the operator, and the cutting edge or point of
mechanized equipment equal to the tolerance zone of the physical
plant. If the clearance is less than two (2) feet, or if an
underground facility is located or contained in or under pavement
or another manmade hard surface, exposure of the underground
facility may be accomplished only as follows:
(A) Only by the use of:
(i) hand excavation;
(ii) air cutting;
(iii) vacuum excavation; or
(iv) hydro vacuum excavation.
(B) Mechanized equipment may not be used within the
tolerance zone of the physical plant unless the person
responsible for the excavation or demolition does the following:
(i) Visually identifies the precise location of the underground
facilities or visually confirms that no facility is present within
the depth of the excavation.
(ii) Takes reasonable precautions to avoid any substantial
weakening of the underground facilities' structural or lateral
support.
(iii) Takes reasonable precautions to avoid penetration or
destruction of the underground facilities, including their
protective coatings.
(iv) Requires an individual other than the equipment operator
to visually monitor the excavation activity.
(C) Mechanized equipment may be used for the initial
penetration and removal of pavement or other manmade hard
surfaces if an underground facility is located or contained in or
under pavement or another manmade hard surface, or if there
is pavement or another manmade hard surface extending up to
the tolerance zone of the physical plant, subject to the
following:
(i) The person responsible for the excavation or demolition
must plan the excavation to avoid damage to or minimize
interference with the underground facilities, as required
under subdivision (1).
(ii) The person responsible for the excavation or demolition
must take into account the known limits of control of the
mechanized equipment's cutting edge or point.
(iii) The mechanized equipment may be used only to the
depth necessary to remove the pavement or other manmade
hard surface.
(3) Notify the association if:
(A) there is evidence of an unmarked facility in the area of the
excavation or demolition; or
(B) the markings indicating the location of an underground
facility have become illegible.
(b) A person who:
(1) violates subsection (a); and
(2) causes damage to a pipeline facility in the area of the
excavation or demolition;
may be subject to a civil penalty in an amount recommended by the
advisory committee and approved by the commission, not to exceed ten
thousand dollars ($10,000).

Legislative History

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.17; P.L.200-2014, SEC.6; P.L.53-2024, SEC.10.